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ORIGINAL FOR EXECUTIONNOVEMBER 3, 2016
AGREEMENT
between
UNITED STEELWORKERS AND
ITS LOCAL NO. 15157-12, PROBATE COURT UNIT
and
PROBATE COURT
FOR THE COUNTY OF BAY
January 1, 2017 through December 31, 2019
INDEXArticle Page
I Preamble and Term of Agreement 1
II Recognition 2
III Union Securities 3
IV Management Rights 4
V Non-Discrimination 6
VI Grievance Procedure 6
VII Disciplinary Procedure 8
VIII Seniority 10
IX Hours of Employment 12
X Lay-Off 13
XI Bumping and Recall 13
XII Bulletin Boards 14
XIII Pay Provisions 15
XIV Leaves of Absence 17
XV Sick Leave 20
XVI Health and Welfare 22
XVII Vacation 29
XVIII Holidays 31
IX Miscellaneous Benefits 33
XX Severability 34
Article Page
XXI Probate Court Employee Seniority List 34
XXII Supplemental Employment 36
XXIII Waiver 36
Signature Page 37
Wage Scales 38
Appendix A - Definitions 40
Appendix B - Probate Court General Work Rules 42
Appendix C - BC/BS Benefit and Copay Summary 44
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ARTICLE I. PREAMBLE AND TERM OF AGREEMENT
Section 1.1. This agreement entered into this day of , 2017, by
and between the UNITED STEELWORKERS ON BEHALF OF ITS LOCAL 15157 -12, hereinafter
referred to as the Union, and the BAY COUNTY PROBATE COURT, hereinafter collectively
referred to as the Employer.
Section 1.2. This agreement shall become effective on the 1st day of January, 2017, and
shall continue in full force and effect through December 31, 2019. In the event no newer
agreement is reached upon an expiration date of this agreement, it shall remain in full effect
until 30 days after either party has given written notice to terminate the agreement.
Section 1.3. The parties agree to negotiate in 2019 for the succeeding year(s) contract
on wages, benefits, and working conditions. These negotiations shall begin on or after March 1,
2019 and shall commence upon written notice by either party. The parties agree to negotiate
during this period in a manner which will provide a timely settlement in preparation for the
2020 Court budget.
Section 1.4. The Employer and the Union shall be each limited to three (3)
representatives for purposes of collective bargaining. The Union international representative
will not be included in this limitation and shall attend or not attend at his or her discretion.
Section 1.5. Members of the Unit Committee shall not lose pay for attendance at
negotiating sessions providing that sessions are equally distributed between working and non-
working hours. Negotiating sessions shall be agreed to by mutual consent.
Section 1.6. If both parties agree, contract terms may be changed by a written Letter of
Understanding which has been approved by the bargaining unit and the Employer.
Section 1.7. In accordance with the provisions of Public Employment Relations Act (Act
336 of 1947, §423.215 (7)), the parties recognize that such Act provides for an emergency
manager appointed under the local financial stability and choice act, 2012 PA 436, MCL
141.1541 to 141.1575, to reject, modify, or terminate the collective bargaining agreement as
provided in the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575
and that Provisions required by this subsection are prohibited subjects of bargaining under this
act.
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ARTICLE II. RECOGNITION
Section 2.1. The Probate Court recognizes the Union as the sole and exclusive
bargaining agent for purposes of establishing salaries, wages, hours, and other conditions of
employment for those employees who are designated as within the bargaining unit.
Section 2.2. The Bargaining Unit, for the purpose of this agreement, shall be defined as
all Probate Court employees.
Section 2.3. The term "employee" shall include the following full-time personnel:
All regular full-time employees of the Bay County Probate Court classified as: Probate
Register, Deputy Probate Register, Juvenile Register, Court Clerk/Juvenile Register,
Family Counselor, Day Treatment Program Coordinator, Day Treatment Program
Assistant, Gender Services Program Coordinator, Gender Services Program Assistant, all
professionaremployees, including State and County Probation Officers, Community
Services Officer, Drug Court Case Manager and intake workers. The term employee
shall not include Probate Judge, Court Administrator, Chief Assignment Clerk, Referee,
Deputy Court Administrator, Administrative Assistant, Chief Court Recorder,
Confidential, Temporary, and seasonal employees.
Section 2.4. The Union shall represent probationary employees, employees who are on
six-month probation, for those matters concerning wages only.
Section 2.5. A full-time Court employee shall be entitled to all benefits under this
agreement.
Section 2.6. Probationary Employees. All employees shall be considered probationary
employees until the employee has completed six (6) months of work. During the probationaryperiod, the employee may be terminated without recourse to or without regard to this
Agreement, and shall not be entitled to the benefits of the grievance procedure as it relates to
discipline and/or discharge. The probationary employee can be terminated for any reason or
for no reason. Upon completion of the probationary period, the employee's name shall be
placed on the seniority list as of his/her last date of hire; provided, however, that if an
employee is absent from work for any reason, his/her probationary period shall be extended by
a period equal to the duration of such absence.
ARTICLE IIIUNION SECURITIES
Section 3.1. The Employer will not aid, promote or finance any labor group or
organization which purports to engage in collective bargaining or make any agreement with any
such group or organization for the purpose of undermining the Union.
Section 3.2. Membership in the Union is not compulsory. Full-time employees have the
right to join, not join, maintain or drop their membership in the Union as they see fit. Neither
party shall assert any pressure on or discriminate against any employee in regard to such
matters.
Section 3.3. Membership in the Union is separate, apart, and distinct from the
assumption by one of his or her equal obligation to the extent that he or she receives equal
benefits. The Union is required under this agreement, to represent all of the employees in the
bargaining unit fairly and equally without regard to whether or not an employee is a member of
a union.
Section 3.4. The Employer agrees to deduct from the pay of all employees who have
chosen to be union members covered by this agreement, dues and initiation fees of the
international union and agrees to remit to the international union all such deductions prior to
the end of the month for which the deduction is made. The law requires written authorization
by the employees, same is to be furnished in form required.
Section 3.5. The Union may verify with the Employer quarterly or when an update is
necessary, a list of its members working for the Employer who have furnished to the Employer
the required authorization, together with an itemized statement of dues, initiation fees, (full or
installment) owed to and deducted for such amount from the pay of each member, and the
Employer shall deduct such amounts from the first paycheck following receipt in one lump sum.
The Employer shall add to the lists submitted by the Union the names of all regular new
employees hired and who have chosen to be union members since the last list was submitted
and delete the names of employees who are no longer employed or have ceased to be unionmembers.
Section 3.6. When an employee who is on checkoff but not on the payroll during the
week in which the deduction has to be made or has no earnings or insufficient earnings during
that week or is on leave of absence, the employee must make arrangements with the Union to
pay such dues in advance. Management has no enforcement authority on employees paying
Union dues while on authorized leaves of absence.
Section 3.7. Conferences for employee matters shall be scheduled between the
Chairman of the Bargaining Committee and the Employer or his or her designated
representative at a mutually agreed upon time. Arrangements for such conferences shall be
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made in advance and an agenda of the specific matters to be taken up at the meeting shall be
presented prior to the conference including a time limit placed upon the length of each
meeting.
Section 3.8. It shall be the policy of the Employer to notify the Union whenever there is
an intent to transfer employees, downgrade, eliminate or add new job classifications, or assign,
delegate or transfer work presently performed by Unit employees to employee(s) outside the
Bargaining Unit.
Section 3.9. The Union agrees to defend, indemnify and hold the Employer harmless
against any and all claims, suits, orders or judgments brought or any action taken or not taken
by the Employer on the provisions of this article.
Section 3.10. One member of the Bargaining Committee will serve as a steward for the
employees under this agreement. The name(s) of the steward (and/or any alternative) shall be
furnished to the Employer annually or upon change.
Section 3.11. If any Sections of this Article are invalid under Federal Law or the laws of
the State of Michigan, such provision shall be modified to comply with requirements of Federal
State Law or shall be renegotiated for the purpose of adequate placement.
Section 3.12. The County will provide the contact information for union representation
to newly hired employees. If an employee elects to contact the union representative, both the
employee and the union representative will be allowed up to 30 minutes paid time, with
supervisory approval as to the time of such meeting.
ARTICLE IV. MANAGEMENT RIGHTS
Section 4.1. It is understood and hereby agreed that the Employer reserves and retains,
solely and exclusively, all inherent and customary rights, powers, functions, and authority of
management to manage the judicial operations of the Court. Its judgment in these respects
shall not be subject to challenge. These rights vested in the Employer include, but are not
limited to, those provided by statute or law, along with the right to determine and from time to
time re-determine the number, location and type of work forces, facilities, operations, and the
methods necessary and equipment to be employed; the scope of services to be performed, the
method of service and the schedule of work time; to contract and subcontract existing and
future work not to adversely affect the personnel work force, to discontinue conduct of its
mission or operation in whole or in part; to determine whether and to what extent the work
required in its operation shall be performed by employees covered by this agreement; to
transfer its work from or to, either in whole or in part to any numbers, types and grades of
positions or employees assigned to any organization or unit, department or project; to establish
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and change work schedules, assignments and facility locations; to hire, transfer, promote and
demote employees; to lay-off, terminate, or otherwise relieve employees from duty for lack of
work or other legitimate reasons; to suspend, discharge or discipline employees for cause, to
use supervisors or other Court employees to perform work of the kind performed by the
employees of the unit provided employees of the unit are not adversely affected; to alter,
discontinue or vary past practices and otherwise to take such measures as management may
determine to be necessary for the orderly efficient and economical operations of the Court.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the
employer, the adoption of policies, rules, regulations, and practices in furtherance thereof, and
the use of judgment and discretion in connection therewith shall not be subject to review by
means of arbitration and this agreement shall always be construed in conformance with the
constitution, the laws of the State of Michigan, the Rules and Orders of the Supreme Court of
the State of Michigan, and the constitution and the laws of the United States. Except as
specifically provided in this agreement, the Employer hereby reserves and retains all of its
inherent and lawful rights, responsibilities, and authority under applicable Michigan Laws and
the rules and Orders of the Michigan Supreme Court or any other supervising or superior Court,
or any other national, state, county, district or local law or regulation as they pertain to the
Court.
Section 4.2. If, in the sole discretion of the Employer who in conjunction with the
Chairman of the Board of Commissioners, or in his or her absence, the official so designated by
law to act in his or her presence, it is determined that civil emergency exists including but not
limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of
this agreement may be suspended during the time of the declared emergency, provided that
wage rates and monetary fringe benefits shall not be suspended.
Section 4.3. If the Chief fudge or in his/her absence the official so designated to act in
his/her absence, declares that the Court cannot be opened or operated in its usual manner due
to weather conditions, natural disaster, civil disturbance, or any other officially declared
emergency, an employee shall not be subject to any deduction in pay and the time lost will not
be taken from any accumulated annual, sick, or compensatory time. This decision will coincide
with the decision made by the Bay County Board of Commissioners or its designated
representative whenever possible.
Section 4.4. The Union agrees that during the life of this agreement neither the Union,
its agents nor its members will authorize, instigate, aid or engage in a work stoppage, slow
down or strike. The Employer agrees that during the same period there will be no lock outs.
Section 4.5. Individual employees or groups of employees who instigate, aid or engage
in work stoppage, slow down or strike may be disciplined or discharged in the sole discretion of
the Employer. It is understood that any question as to whether an employee or employees
were, in fact, engaged in such prescribed activity may be resolved through the grievance
process,
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Section 4.6. In the event that legislation is enacted to allow public employees to strike,
this section of this management rights clause shall be subject to negotiation.
ARTICLE V.NON-DISCRIMINATION
Section 5.1. The parties hereby agree not to discriminate against employees because of
race, color, creed, national origin, sex, age, handicap, religious or political affiliations, height or
weight as required by law.
Section 5.2. The parties hereby agree that no officers, agents, representatives,
members or anyone connected with either party shall in any manner intimidate, coerce,
restrain, or interfere with the rights of employees to form, join, or assist labor organizations, or
to refrain from any of these activities, specifically including the right of employees to withdraw,
revoke or cancel Union membership.
Section 5.3. The Union agrees to conduct its business off the job as much as possible.
This section shall not be construed so as to prevent a Union representative from filling his or
her responsibilities as provided in the grievance procedure, nor shall it be construed to prevent
certain routine business such as posting of Union notices and bulletins.
Section 5.4. Union business agents or representatives having business with the
employees may confer with such employees during lunch or break periods or, when absolutely
necessary and approved in advance by the Employer during hours of work, provided always
that such discussions not take place in the presence of customers or other members of the
public. Management will allow sufficient time for Union matters during the work day.
ARTICLE VI. GRIEVANCE PROCEDURE
Section 6.1. Statement of Purpose: The purpose of this procedure is to secure, at the
lowest level possible, equitable solutions to the problems of the parties. The parties intend
that the grievance procedure shall serve as a means for the peaceful settlement of the disputes
as they arise concerning the interpretation of this agreement, without any interruption or
disturbance of the normal operation of the Probate Court. Grievances are limited to matters of
interpretation or application of express provisions of this agreement. The parties, recognizing
that an orderly grievance procedure is necessary, agree that each step must be adhered to as
set forth herein. Any grievance filed shall refer to the provision of the agreement alleged to
have been violated, shall set forth the facts pertaining to the alleged violation, and shall state
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the settlement or correction requested. Employee grievances shall be handled in the following
manner:
Step 1. Oral Grievance. An employee who has a grievance shall orally submit it to his or
her immediate supervisor within 5 working days after the date of occurrence of the
event giving rise to the grievance or within 5 working days after the employee becomes
aware of it. The immediate supervisor shall give his or her answer orally to the
employee within 5 working days following the presentation by the employee. Nothing
herein shall prevent an employee from being represented by his or her Unit
Representative at any step of the grievance procedure. Any employee may request his
or her immediate supervisor to call the unit representative, alternate unit
representative, or committee person to handle a specified grievance. The immediate
supervisor shall arrange a meeting with the unit representative or committee person
prior to the end of the shift or as soon as is reasonable.
Step 2. Written Grievance. If the grievance is not resolved in step 1, the employee shall
reduce the grievance to writing, and present it to his or her Supervisor within 20
calendar days after the occurrence of the circumstance giving rise to the grievance. The
written grievance shall state the event, condition, or circumstance giving rise to the
grievance, the provisions of the agreement allegedly violated or misinterpreted, and the
relief requested. The employee's Supervisor shall, within 5 working days after receipt of
the written grievance, meet with the grievant and Union representative. The
employee's Supervisor shall render his or her written disposition of the grievance within
S working days after the meeting.
Step 3. Court Administrator. Failing to resolve the grievance in the second step, the
employee shall, within 5 working days of the receipt of the Supervisor's written
disposition take the matter up with the Court Administrator, who shall within 5 working
days of receipt of the written grievance meet with the grievant and unit representative.
The Court Administrator or his or her designated representative shall render his or her
written disposition of the grievance within 5 working days after the above meeting.
Step 4. Mediation. Failing to resolve the grievance in the third step, the Union may
submit the matter to the Michigan Employment Relations Commission for mediation
within 5 calendar days of the receipt of the answer in step 3. It is understood that the
results of this mediation step are non-binding upon the Employer and that the Michigan
Employment Relations Commission response will be utilized as information in the final
grievance step.
Step 5. Final Grievance Step. If a grievance has not been resolved by the foregoing
procedures, it may be appealed to this step by delivering to the Chief Judge a written
request for a meeting concerning the grievance within 5 calendar days following the
receipt by the unit chairperson or the employee involved in it of the Employer's written
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answer in Step 2, Step 3 or Step 4, whichever step was appropriate for the grievance
under consideration. Within 10 calendar days after the grievance has been appealed to
this step, a meeting shall be held between representatives of the Employer and
employee. The Employer's representative shall be the Court Administrator or his/her
designee. The Union's representative shall be a member of the bargaining committee.
Either party may have non-employee representatives present if desired. If the meetingcannot be held within the 10 calendar day period, it shall be scheduled for a date
mutually convenient to the parties. At the conclusion of the conference, the Judge or
his/her representative shall signify in writing the Employer's final response to the
grievance.
Section 6.2. Settlement. Any and all grievances resolved at any step of the grievance
procedure (except as noted in Step 4) as contained in this agreement shall be final and binding
on the Court, the Union, and any and all Union employees involved in the particular grievance.
Section 6.3. Time Limitations. Time limits established in a grievance procedure shall be
followed by the parties. If the Union fails to present a grievance in the allowed time or fails to
advance it to the next step in a timely manner, it shall be considered resolved on the basis of
the Employer's last disposition. If the time procedures are not followed by the Employer, the
grievance shall automatically advance to the next step. The time limits established in the
grievance procedure may be extended by mutual agreement, provided the extension request is
reduced to writing and a period of extension is specified.
Section 6.4. Entering or Advancing Out of Order. Grievances may, with the consent of
the parties, be commenced at any stage of the grievance procedure or may, with the consent of
the parties, be advanced and processed out of order. Time limits may be waived upon written
agreement of the parties.
Section 6.5. Claims for Back Wages. All claims for back wages shall be limited to the
amount of wages that the employee would otherwise have earned less any unemployment
compensation for personal services that the employee may have received. This back pay shall
be paid by the next pay period following the resolution of the grievance.
ARTICLE VII.DISCIPLINARY PROCEDURE
Section 7.1. Just Cause. Non-probationary employees will be disciplined only for just
cause and any disciplinary action may go into immediate effect.
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Section 7.2. Types of Disciplinary Action.
A. Verbal Counseling. This form of disciplinary action may be used to correct
and/or warn an employee of errors, poor work performance or violation of a
minor nature. Such warnings will be given privately with only those persons
involved.
B. Written Reprimand. This is an action taken by the Court Administrator or a
supervisor in which he/she writes out the action or behavior which he/she
wishes to change, cease, or begin. The written reprimand will describe in detail
the behavior to be corrected and will give direct and concrete orders for thefuture and will point out the consequences of repeating the actions which
brought about the written reprimand.
The written reprimand must be presented to the employee. After a period of six
months from the date of filing, such records shall be subject to review by theEmployer and the employee upon request. Written reprimands which are more
than four (4) years old shall not be used in imposing further discipline.
C. Suspension Without Pay. This is an action taken by the Court Administrator or a
supervisor removing an employee from employment in his or her department
and from the Court payroll for a definite period of time not to exceed ten
working days. Employees may not use any form of leave while under this type of
disciplinary action.
D. Demotion. This is an action taken by the Court Administrator or supervisor
which reduces an employee's rate of pay within the employee's present
classification.
(1) This action will be for a maximum of six months at which time the
employee may return to the pay step prior to the demotion, if the employee has
demonstrated the ability to perform work tasks required at that pay
classification. Employees who have reached the top pay step shall be reduced a
maximum of one pay step. All other employees could be reduced a maximum of
two pay steps.
(2) The reasons for the demotion must be given in writing.
E. Dismissal. This is an action taken by the Court Administrator which permanently
removes an employee from employment in his/her department and from the
Court payroll.
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(1) Dismissed employees may not be kept in employment or paid for any
time after the completion of their normal working day on the date they are
dismissed.
(2) Dismissed employees shall be treated the same as employees separated
for reasons other than retirement in the matters of payment for unused
accumulated annual leave.
F. Employees may examine their own individual personnel files at reasonable times
under the direct supervision and approval of the Employer.
G. Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a Union
representative present at such questioning.
H. Grievances relating to the dismissal of an employee shall be initiated by the
Union at the final step of the grievance procedure.
ARTICLE VIII.SENIORITY
Section 8.1. Seniority means a full-time employee's length of continuous service with
the Court since his/her last day of hire. An employee who has not completed six months of
continuous employment shall not be considered to have seniority and shall not be considered a
full-time employee.
Section 8.2. The seniority lists attached to this agreement will show the names and job
titles of all employees of the Union entitled to seniority. This seniority list will also indicate the
existing employee's date of seniority as determined by agreement between the Court and all
Court employees.
Section 8.3. The employee's Court seniority shall accumulate continuously from the
date of hire by the County for purposes of retirement, vacation time, and sick leave only.
Section 8.4. The employee's Court seniority is defined as the length of continuous
employment with the Court. An employee who is placed into a new position within the Court
will assume the lowest level of seniority in the new position classification for purposes of
promotions and lay-off.
Section 8.5. An employee shall lose all seniority credit in the event of voluntary or
involuntary termination. Failure to return from an expired leave of absence or lay-off shall
subject the employee to dismissal unless employee has good cause.
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Section 8.6. Any lay-off of an employee shall be made by inverse order of their seniority
within the Court and within their respective classification. Although the Court recognizes the
importance of seniority on the lay-off issue, employee qualifications must be considered in the
lay-off process. No full-time employee shall be laid-off from any position while any
probationary, temporary, or part-time Court employee is still employed in the affected
classification. Employees laid-off or displaced will be allowed to bump into a job which is equal
to, or lower, than the pay level of their current classification for which they have the seniority
and the qualifications within their professional or technical classification. The qualifications are
defined as the necessary training, experience, skill and ability to perform efficiently the
required duties, as to be determined by the Employer.
Section 8.7. Full-time employees to be recalled from lay-off shall be recalled on the
basis of required qualifications and seniority. The Employer agrees to discuss any recall not
based on seniority with the Unit Committee. The Court shall notify employees to be recalled by
certified mail at the employee's last known address. It will be the employee's responsibility to
notify the Employer of any change of address.
Section 8.8. Transfers Out of the Bargaining Unit. An employee who accepts a position
under the jurisdiction of the Employer (as defined herein) not included in this bargaining unit
shall maintain all accumulated seniority to the date of classification change for a period of one
year. There is no guarantee that a former employee will be able to regain his/her previous
position during the first year or at any future date unless a vacancy occurs within the position
classification from which the employee left. If a vacancy occurs in the eligible classification at
any time in the future, and the former employee indicates in writing that he/she desires the
position back, the Employer reserves the right to determine if the former employee continues
to have the qualifications for the existing position. Based upon the qualifications factor, the
Employer will or will not rehire the person. It will be the former employee's responsibility to
make themselves aware of position vacancies.
Section 8.9. Job Posting. When knowledge of a job vacancy occurs in the Court, the
Employer will post a notice on the bulletin boards giving all Court employees an opportunity to
make application for the job by filing the appropriate application forms. All Court employees
who are on sick, on workers' compensation, or other form of leave at the time of posting shall
be eligible to apply. The Court shall provide appropriate job posting forms for Court employees.
Such notice shall be posted for a period of at least five (5) working days. The job posting notice
will show the classification and rate of a job vacancy. During the posting period, the Employer
may make a temporary assignment to fill the posted vacancy. An employee appointed into a
change of classification shall be given 60 (sixty) days to satisfactorily perform the job. If such
employee fails to satisfactorily perform the job within said period, or wishes to withdraw from
said job, he or she shall be returned to the previous or equal vacant position without loss of
seniority.
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Section 8.10. The Unit Committee will be notified of any testing procedures used by the
Court in filling job postings.
Section 8.11. Promotions within the bargaining unit shall be made on the basis ofseniority and qualifications as determined by the Employer. Qualifications may be determinedby written and/or performance examination and previous working relationships within theCourt or combination of these factors. A promotion is defined as a position involving a higherrate of pay or an upgrading of a position which materially increases responsibilities or
desirability of a position.
Section 8.12. The Employer will provide a unit seniority list to the Union once per year.
ARTICLE IX. HOURS OF EMPLOYMENT
Section 9.1. Normal Work Week and Work Day. The normal work week for all full-time
and probationary employees of the Probate Court shall consist of forty hours of workperformed in a period of Monday through Friday. The normal work day for full-time employeesshall consist of eight hours of work, exclusive of an unpaid lunch hour.
Section 9.2. Work Week and Work Day Definitions. Any definition of an employee'snormal work week and work day stated in this agreement shall not constitute a guarantee bythe Employer of any number of hours per work day or per work week. The Employerspecifically reserves a right to reduce the number of hours per work day or per work week if
operating or economic conditions warrant.
Section 9.3. Scheduling. The Employer shall have the right to determine, establish, andmodify scheduling and manpower requirements to meet the needs of the public it servesincluding staggering starting and quitting times. It is expressly understood that work schedulesmay be changed whenever operating conditions or economic conditions warrant such change.
Section 9.4. Lunch Hour. Lunch hours should be scheduled between 11:00 a.m. and2:00 p.m. unless other arrangements with the employee's supervisor, Court Administrator and
has been approved.
Section 9.5. Employees are expected to conform with the above hours of work, reportpromptly for work and remain until the close of the regular shift. Habitual tardiness and/orabsenteeism will not be tolerated and appropriate disciplinary action shall be taken.Management reserves the right to investigate misuse of these situations.
Section 9.6. Lunch Periods and Rest Periods. Each employee shall be allowed a one
hour unpaid lunch period and two fifteen minute rest periods daily. Lunch periods and rest
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periods shall be staggered so as not to curtail services to the public. Rest periods shall be
considered as working time and may not be added to the lunch period or accumulated in any
manner.
ARTICLE X.LAY-OFF
Section 10.1. The Employer shall give written notice to the full-time Court employee
and the Union on any proposed lay-off under normal circumstances. Such notice shall be
submitted at least five (5) working days before the effective date thereof. Under non-normal
circumstances, the Employer will notify the employee as soon as possible.
Section 10.2. Any lay-offs shall take place in accordance with an employee's seniority in
the classification affected. The first employees to be laid-off within the bargaining unit
classification shall be probationary employees. Thereafter, the first employees to be laid-off in
the affected classification shall be those employees with the least amount of seniority,
providing, however, senior employees retained presently have the necessary training,
experience, qualifications, skill, and ability to perform efficiently the required work.
Section 10.3. When there is a lay-off in the work force, it shall be in the following order:
A. Substitute employee.
B. Part-time employees.
C. Full-time probationary employees.
D. Full-time employees.
ARTICLE XI. BUMPING AND RECALL
Section 11.1. Employees laid-off or displaced will be allowed to bump into a job for
which they have the seniority and the qualifications within their professional or technical
classification. The qualifications are defined as the necessary training, experience, skill and
ability to perform efficiently the remaining required work, as to be determined by the
Employer. Employees laid-off or displaced will be allowed to bump into a job which is equal to,
or lower, than the pay level of their current classification for which they have the seniority and
the qualifications within their professional or technical classification. The qualifications are
defined as the necessary training, experience, skill and ability to perform efficiently the
required duties, as to be determined by the Employer.
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Section 11.2. The professional and technical classifications and positions are listed as
follows:
Technical Classifications: Nancy Baczkiewicz —Probate Register
Christina Rivera — Deputy RegisterPamela Lynch —Juvenile Court Register
Sue Jane — Deputy Register
Professional Classifications:
Lynn Berger — Intake Officer
Katherine Hugo — Probation OfficerJeffrey Strohpaul — Day Treatment Case Manager
Richard Rasmer — Probation OfficerLana Kalinowski — General Services Coordinator
Cynthia Hanson — Probation Officer Guardian
Allen Nelson Community Services Worker
Kara Rohn — Family CounselorSarah Super — General Services Program Assistant
Kristin LaRoche — Drug Court Case ManagerChristopher Foret — Day Treatment Program Assistant
Section 113. The Employer shall supply all laid-off employees with a list of positions
that they could bump into. The Employer also agrees to notify all laid-off employees of any
new job openings for which they qualify. This shall occur for a period of one year.
ARTICLE XII. BULLETIN BOARDS
Section 12.1. The Employer will furnish and maintain reasonable Union bulletin board
space agreeable to the parties at locations where employees covered by this agreement are
employed. The board shall be used for the following subjects.
A. Union recreational and social and related news bulletins.
B. Scheduled Union meetings.
C. Information covering Union elections or the result thereof.
D. Reports of official business of the Union, including reports of committees, local
offices or the international.
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E. Any other material which has been approved by the Employer and the local
Union chairman.
ARTICLE XIII.
PAY PROVISIONS
Section 13.1. Wages.
The wages for all employees are listed in the County's Wage and Salary program,
according to the attached wage schedules, and are in effect for the duration of this agreement.
Employees on the rolls effective January 1, 2017, shall be paid a lump sum payment of 3.0%
of their gross wages for calendar year 2016, to be paid no later than the end of the first quarter in
2017. In addition, employees will also be awarded 3 personal days to be used by December 31,
2017.
Employees on the rolls effective January 1, 2018, will be awarded 2 additional personal daysto be used by December 31, 2018.
Employees on the roils effective January 1, 2019, will be awarded 2 additional personal dayto be used by December 31, 2019.
Section 13.2. Classification. When a full-time classified Court position is established,
the Court shall designate a job classification and provide a job description using the Bay County
Wage and Salary program system. The Employer shall designate the rate of pay in conformity
with the Bay County Salary program job evaluation plan and the rates established in this
contract. The Union shall be notified in writing of such new classifications and pay rates. Pay
rates are subject to negotiation and the Employer may implement its last best offer as
permitted by law.
When new classifications or jobs are implemented, the union will be notified and
furnished a job description.
Section 13.3. Reclassification. When an employee believes that his or her classification
is deserving of consideration, the Union may present their request. The Personnel Director and
the Union agree to discuss such reclassification requests applying the methods set forth in the
County's Wage and Salary Program. In order to receive consideration, such requests must be
received by the County prior to May 1 of each year and any adjustments will become effective
as of July 1 of the same year, and September 1 of each year and any adjustments will become
effective as of January 1 of the following year. The current pay scale will continue to be used to
determine the appropriate pay step in which to place an employee whose position was
reclassified. The reclassification decisions made by the County Board of Commissioners are not
grievable.
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Section 13.4. Overtime. It is understood that compensatory time will be utilized in all
situations involving overtime unless it cannot be taken within the pay period earned.
Section 13.5. Full-time employees, with the exception of professional staff, may be
compensated at time and one half the employee's regular hourly rate of pay for employment in
excess of forty hours per week. Full-time professional staff may be compensated at hour for
hour for time spent in excess of an eight hour day. No overtime will be worked unless
previously approved by the supervisor or Court Administrator unless of an emergency nature.
When the need arises to transport a juvenile to a placement out of town and that
placement is at a distance that cannot be covered in an eight hour day, the employee shall be
entitled to compensatory time on an hour-for-hour basis beyond the normal eight hour day and
shall be taken within the pay period earned.
Section 13.6. Out of Classification Pay. When an employee has been notified by his or
her immediate supervisor to fill a vacancy in a higher level job for a period of more than fifteen
(15) working days, he/she shall be compensated for such hours worked at the rate of the entry
step; or if this rate is not equal to an increase in rate for the involved employee, thecompensation shall be at the lowest pay grade range for the job which does provide an increase
in pay to the employee. This agreement is subject to the following conditions:
A. In the opinion of the immediate supervisor, the employee is fully qualified to
perform the duties of that position.
B. The employee has served a thirty day orientation period on that job. Employer
will record thirty day period. No time limit on 30 day period.
C. A vacancy shall mean the replacing of a regular employee who is off work for
illness, vacation, or other compelling reason.
D. If in the opinion of the Employer, it is not necessary to fill such a vacancy, it need
not be filled. In this case, no remaining employee shall be required to perform
work above his/her classification in order to compensate for the absent
employee.
Section 13.7. Holiday Pay. Should a holiday fall during the time an employee is off on
paid sick leave, he or she shall be granted holiday pay in lieu of paid sick leave for such holiday
if all other requirements are met.
Section 13.8. Emergency Conditions. No wages are payable to employees who do not
report for work due to emergency conditions including but not limited to snow, fire, flood,
explosion, failure of public utilities, or other extreme circumstances unless the Chief Judge or in
his or her absence his or her designated Representative declares that the Court cannot be
16
operated in its usual manner. (See Management Rights, Article 4, Section 4.3). However,
employees may use accumulated personal holidays or vacation pay for this purpose.
ARTICLE XIV. LEAVES OF ABSENCE
Section 14.1. Personal Leave.
A. The Employer may grant an unpaid leave of absence not to exceed one year for
good cause. All such leave shall be counted towards Family and Medical Leave
Act (FMLA) time off. Such good cause might include:
1. Serious illness of the employee or a member of his or her immediate
family.
2. Educational leave when such additional education would serve to the
advantage of the Court or related employment situation.
3. A legal matter in which the employee is directly involved.
B. In the case of unpaid leave of absence for serious illness, upon written
confirmation of a serious illness by the attending physician and/or County
physician, hospitalization insurance payments shall be continued for a period of
one year (or longer if approved by the Employer in conjunction with County
Personnel Department and County Board Personnel Committee) for the
employee and medically eligible dependents providing all insurance
requirements are met. When this coverage is in effect, seniority will accrue to
the involved employee. All such leave shall be counted towards Family and
Medical Leave Act (FMLA) time off.
Section 14.2. Maternity Leave. Maternity leave shall be treated the same as leave for
any other temporary disability.
Section 14.3. Union Leave. Members of the Local Union elected to or selected for
International Union positions, which take them from their employment with the Employer, shall
at the written request of the International Union, and approval of the Employer, be granted
leaves of absence without pay, for a period not to exceed one year, and said leave shall be
renewable for one additional year. The members of the local Union, called upon to perform
services on behalf of a Union, shall be granted leaves of one day to two weeks while on
bonafide Union business and subject to the written request of the International Union, and
approval of the Employer without pay. Total leave for this purpose shall not exceed three
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weeks per person in any one calendar year and shall be allowed consistent with efficient
operation of the Court.
Section 14.4. Political Leaves. Political leaves of absence shall be granted when an
employee assumes a full-time elective political office. Such leaves shall be granted for one (1)
term of office or four (4) years, whichever is greater without pay.
Section 14.5. Military Leaves.
A. The Employer shall comply with all mandatory Federal and State laws dealingwith the re-employment rights of Veterans.
B. A full-time employee with reserve status in the Armed Forces of the United
States or membership in the Michigan National Guard who is called to
participate in training sessions shall be permitted leave for this purpose. He/she
shall furnish to the Employer, in writing, a statement of the total amount of
Government base paid wage received for this service during this period. If such
Government wage does not equal the employee's usual salary, he/she shall be
paid the difference by the Employer for a period not to exceed ten (10) working
days in any one (1) calendar year. The employee shall notify the Employer as
soon as possible when called upon to report for training.
Section 14.6, Funeral Leave.
A. When death occurs in an employee's immediate family, i.e., spouse, parent,
current step-parent, parent of a current spouse, child, stepchild, brother or
sister, son-in-law, daughter-in-law, grandchild or a permanent member of the
employee's family, the employee, on request, will be excused for three (3)
normal scheduled working days within 14 days from the date of death to attend
to matters pertaining to the death. The employee must notify his or her
supervisor in advance of the absence,
B. An employee excused from work under this section shall, after making written
application, receive the amount of wages, exclusive of shift or any other
premiums, that he or she would have earned by working during straight time
hours on such scheduled days of work for which he or she was excused. This
time paid will not be counted as hours worked for purposes of overtime.
C. In the event of a simultaneous tragedy affecting more than one of the covered
relatives enumerated above, not more than three (3) normally scheduled
workdays shall be excused with pay, and all such paid days shall be subject to the
terms and conditions heretofore stated in this section.
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D. In the event of death of an employee's aunt, uncle, nephew, niece: one (1) day
paid leave will be allowed subject to the terms and conditions heretofore stated
in this section. In the event of a death of a brother-in-law or sister-in-law,
grandparents or grandparent of a current spouse, two (2) days paid leave will be
allowed subject to the terms and conditions heretofore stated in this section.
E. Other benefits shall continue to accrue and be paid as provided in this
agreement when an employee is on funeral leave.
F. Additional paid time may be granted for extenuating circumstances at the
discretion of the Judge. Total of all leave shall not exceed five (5) days.
G. Funeral leave for non-immediate family members may be taken at the discretion
of the Judge.
Section 14.7. Jury Duty/Witness Responsibility.
A. During the time an employee is actually reporting to the Court for jury duty and
following receipt of "Certificate of Jury Service", the Court Administrator or his or
her designee will convert the employee's usual shift to a regular five-day,
Monday through Friday day-shift basis.
B. Any person holding a full-time position ordered to serve on a jury shall be
entitled to his or her regular pay provided he or she deposits his or her fees for
service, other than mileage, with the County Treasurer.
C. Whenever any full-time employee is required to be absent from work by a
proper subpoena, issued by a court or commission legally empowered to
subpoena witnesses, which compels his or her presence as a witness, unless he
or she is a party or an expert witness, he or she shall be allowed the time
necessary to be absent from work at his or her regular pay to comply with such
subpoena, provided he or she deposits any witness fees, except mileage, with
the County Treasurer.
D. Other benefits shall continue to accrue and be paid as provided in this
agreement while employee is on jury or witness leave.
Section 14,8. Procedure for Leaves.
A. An employee must submit a letter of application to his or her Court
Administrator at least two (2) weeks prior to the start of any leave, except
funeral leave, for which advance notice is not required.
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B. Employees must notify the Court Administrator in writing at least one (1) week
prior to any contemplated change in an approved leave date. Any change in
such leave date must be mutually agreed upon.
C. It will be the option of the employee to utilize any accumulated vacation days.
D. Fringe benefits will be retained but not accrued or paid during leave, unless
otherwise stated in this agreement. At the employee's option, he or she may
continue in the County's Medical Insurance Plan at his or her own expense
during leave.
E. During a leave of absence, seniority will be maintained but shall accrue only
during the following leaves: Union, Funeral, National Guard or Reserve, Jury
Duty and Witness.
F. Vacancies created by leaves may be filled or left vacant at the discretion of the
Court Administrator. If the position is filled, it shall be filled by a substitute
employee, whenever feasible. If it is not feasible to fill the position with a
substitute employee, a full-time employee may be hired after notifying the
Union Bargaining Committee.
G. An employee desiring to return from a leave may return directly to his or her job
if the position was left vacant or if a substitute employee was used. If a full-time
employee was used, the returning employee cannot bump but must take an
available position for which he or she has the seniority and qualifications. If no
such position is available immediately, the employee will be laid off without
bumping rights. An available position shall include a vacant, posted position,
Section 14.9. Family and Medical Leave. The parties agree that each has the right to
exercise its rights under the Family and Medical Leave Act and that any contrary provision
contained in this contract is superseded by the Family and Medical Leave Act.
ARTICLE XV.SICK LEAVE
Section 15.1. Accrual.
A. Sick leave for each full-time employee shall be one (1) eight hour day with pay
for each month of service. For the purpose of this section, a month of service is
completed when the employee has worked eleven (11) days in any one month.
Paid sick leave accumulation shall be limited to a maximum of sixty (60) days.
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Any employee who is on paid sick leave shall be entitled to all contractual
benefits as if he or she were working.
B, A probationary employee may accrue sick leave while on probation but may notuse such accumulated sick leave until he/she has completed one hundred eighty
(180) days of service.
Section 15.2. Sick Time Conversion.
In the event an employee should accrue more than sixty (60) days of sick leave at the end ofany calendar year, he/she shall be granted one-half (Y2) of this excess sick leave accumulation to
his/her vacation time available in the following year. For purposes of this computation one-halfday of vacation time will be added for each full day of excess sick leave accumulation, i.e. 10
days = 5 days' vacation; 13 days = 6.5 days' vacation.
Section 15.3. Use of Sick Leave.
A. Paid sick leave may be used when illness or disability prevent an employee fromworking or for necessary absence from work for the purpose of keeping an
appointment with a doctor.
B. An employee may use up to five (5) days of accumulated sick leave per year forserious illness or to keep a doctor, dentist, or other medically relatedappointment which requires the employee's presence in the immediate family.For the purposes of this Section, the immediate family shall be defined as thesame as FMLA and/or legal dependents living in the same household; seriousillness will be defined as an illness of a serious nature which involved thehospitalization or treatment by a physician of a member of the immediate familyand requiring the presence of the employee.
C. Sick leave may be taken in any unit from one-half hour to the maximum available
in one-half hour increments.
D. If the use of sick leave is excessive or the Employer has reason to believe it isabusive, medical verification will be required. If this entails a cost not otherwiserequired, it shall be borne by the Employer only if it is determined that the use ofsick leave was proper. Payment by the Employer will be made only if the
examination is directed by the Employer.
E. Employees that have accrued sick days shall be given the option of using all their
sick days prior to being placed on Sick and Accident.
F. Any abuse of this section shall be cause for disciplinary action.
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Section 15.4. Sick Leave Severance.
Any employee who after eight (8) years of County employment (except for discharge)
leaves the employment of the County, shall be paid one-half (1/2) of his/her accumulated sick
leave, up to thirty (30) days, which shall be based upon his/her regular daily wage rate, subject
to a cap of $2,500.00.
A. Sick Leave Severance - Retirement. Any employee who retires under theprovisions of the Bay County retirement program and is immediately receiving
retirement benefits, without a break in service, shall be paid one-half ( 1/2) of
his/her accumulated sick leave, up to thirty (30) days, which shall be based upon
his/her regular daily wage rate.
B. Designated Beneficiary. The designated beneficiary of an employee who dies
while employed by the County, after eight (8) years of service, shall upon death
of the employee, be paid for one-half (1/2) of his/her unused sick leave on record
at the time of death, up to thirty (30) days.
ARTICLE XVI. HEALTH AND WELFARE
Section 16.1. Medical and Hospitalization Insurance. The Employer shall provide the
same health insurance and under the program conditions as Full-Time General County
employees in the Steelworkers unit receive. If the employee does not participate in the health
insurance program, the employee will be paid $1,800. When both spouses work for Bay County
and are both eligible for health care, the other spouse shall be eligible for the payment in lieu of
health care, except that only those spouses who received this payment in lieu of health care in
2016 shall be eligible to receive it during the course of the 2017 to 2019 collective bargaining
agreement.
Section 16.2. Sick and Accident Insurance.
A. After completion of the probationary period, the Court will provide Sick and
Accident Insurance or self-insurance for employees covered by this agreement.Said insurance shall become operative on the thirty-first (31st) calendar day after
occurrence of a verified disability unless the employee first chooses to utilize
available vacation or sick days, and will provide 75% of employee's regular base
rate of pay for a period not to exceed thirty-six (36) weeks, for illnesses or
injuries arising after the signing date of this agreement in 1997, for any one
disability under the conditions of insurance company policy or County self-
insured conditions.
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B. Payments shall be less any amounts available from other sources, including local,
state or federal government.
C. If it is determined that an employee will not return to work and is eligible for
pension under the County's Retirement System, such retirement shall not be
deferred in order to collect on this benefit.
D. A recurrence of a previous illness which occurs within six months of return to
work shall be considered to be a continuation of that illness for continuation of
the sick and accident benefits.
E. The Court shall furnish a copy of the policy to each employee. The Court shall
immediately notify the Union of any proposed change of insuring company
and/or policy wording. This change shall then be subject to negotiation at the
next scheduled bargaining session.
F. Time spent on sickness and accident shall not count towards earning sick,
vacation or personal days.
G. Available sick and vacation days may be used to receive payments during the
thirty (30) day waiting period.
H. Benefits (except for health and life insurance) shall neither accrue nor be paid
while an employee is on sick and accident coverage. Seniority shall bemaintained but not accrued while an employee is on sick and accident coverage.
I. Employees that have accrued sick days shall be given the option of using all their
sick days prior to being placed on Sick and Accident.
Section 16.3. Unemployment Compensation. Bay County is established as a
Reimbursing Employer with the Michigan Employment Security Commission in conformity with
State and Federal Rules and Regulations and as such, extends unemployment compensation
coverage under the rules established for said commission. This kind of coverage is also
afforded to all Court employees.
Section 16.4. Workers' Compensation.
A. Bay County is registered as a "Self-Insuring Employer" under state and federal
rules for payment of workers' compensation benefits and as such does provide
this benefit to the employees. Court employees are eligible for this benefit.
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B. Benefits provided under this contract will be retained but not accrued or paid
during periods covered by workers' compensation. During coverage under
workers' compensation, seniority will be maintained but shall not accrue.
Coverage under the medical and hospitalization insurance will cease two (2)
months after the start of the period covered by workers' compensation. An
employee may participate in a group health insurance program at his or her own
expense for an additional six months immediately following. This period may be
extended upon approval of the Judge with input from the County Board of
Commissioners.
Section 16.5. Social Security.
A. Bay County provides social security coverage for employees covered by this
agreement under the usual conditions. Court employees are also covered on
this benefit.
B. The employee contributes his/her share as defined by federal government
through payroll deduction. This applies to Court employees also.
Section 16.6. Retirement.
A. Bay County provides a retirement program to eligible employees according to
terms contained in the Bay County Retirement System Ordinance established
January 1, 1947 and as subsequently amended from time to time. These
benefits are also available to Court employees.
B. All of the terms and conditions of said Ordinance are hereby made a part of this
contract as though written herein.
C. For members of this unit, said Ordinance provides for a benefit formula based on
two and one quarter percent (2.25%) of the employee's average annual income
based on his/her best five (5) years' earnings times the number of years ofcredited service. This benefit is also available to Court employees.
D. For a member of the unit said Ordinance provides for full retirement for
members who have thirty (30) years of credited service and who have obtained
fifty-five (55) years of age.
E. Any employee hired after January 1, 1991, shall not receive a "refund" of
contributions made by the Employer on the employee's behalf to the Bay County
Employees Retirement System if that employee leaves the employ of the county
prior to being vested; employees hired on or before January 1, 1991, shall be
24
eligible for such refunds according to previous practice. Otherwise, current
retirement programs to remain the same.
F. Effective January 1, 2012, for members of this unit hired on or after January 1,
2012, said Ordinance will provide for a benefit formula based on 1.6% percent of
the employees' average annual income based on his or her best five years
earnings times the number of years and who have attained 62 years of age.
G. The Employer will offer 401k or 457 plan(s) to employees in the bargaining unit
once they have completed their probationary period for seniority per the terms
of Section 2.6 and Section 8.1 of this agreement.
Section 16.7. Schedule for Retiree Health Insurance for Employees.
The following schedule applies to all employees hired on or after January 1, 2007.
Years of Service Employer Paid % of Retiree's Premium Employer Paid % of Spousal Coverage
10 55% 0%
11 55% 0%
12 55% 0%
13 55% 0%
14 55% 0%
15 80% 0%
16 80% 0%
17 80% 0%
18 80% 0%
19 80% 0%
20 85% 15%
21 85% 15%
22 85% 15%
23 85% 15%
24 85% 15%
25 85% 40%
25
Years of Service Employer Paid % of Retiree's Premium Employer Paid % of Spousal Coverage
26 85% 40%
27 85% 40%
28 85% 40%
29 85% 40%
30 85% - 50%
31 85% 50%
32 85% 50%
33 85% 50%
34 85% S0%
35 85% 50%
36 85% 50%
37 85% 50%
38 85% 50%
39 85% 50%
40 85% 50%
Employees hired prior to January 1, 2007, shall receive 85% employer paid healthinsurance premium and 50% employer paid health insurance premium for current spouse at
time of retirement.
Section 16.8. Health Care - Employees Hired After January 1, 2012 only
This Section supersedes any other provision of this collective bargaining agreementwhich is in conflict with it for employees hired after January 1, 2012. Similarly, those otherprovisions of the collective bargaining agreement which are not in conflict with this section
continue for all employees,
Employees hired after January 1, 2012 will, if otherwise eligible, become covered forhealth care benefits on the first of the month following the month in which hired.
Such employees shall not be eligible for County-provided health care in retirement,
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Section 16.9. Prescription Drug Plan
Effective January 1, 2012, the County will provide a prescription drug plan which follows
the following co-pay arrangements:
Covered OTC (over the counter) drugs(with Doctor's prescription) $0
Generics $0 - $10
Name Brand- Preferred $30
Name Brand — Non-Preferred $50
Bio-Tech (over $1000 and injectable) $100 minimum, $200 MaximumPlus relinquishment of any coupons issued.
Section 16.10. Incentive Program for Cost ReductionBoth the County and the employees have an interest in working on containing health
care costs. One area that can bear results is in prescription drug costs. In addition to
supporting education for all employees on cost containment, and making switches to less costly
prescriptions where medically feasible, an incentive program for all covered employees has
been developed.
Accordingly, the parties have agreed on an incentive plan which is beneficial to both
employees and the County. The incentive payout level will be determined for the following
year based onEHIM projections for this area, usually published in the fall of the current year.
2017: In the event that the rate of increase of the cost of the prescription drug plan for
2017 is less than one half of the BCBS projected increase for 2017,which is projected to be a
5.0% increase, all of the savings below that amount shall be equally divided among allemployees enrolled in the plan as of January 1, 2018. Therefore, if the increase is below —2.5%
above the previous year, a payout will occur. Such payout will be into the regular payroll check.
2018: In the event that the rate of increase of the cost of prescription drug plan for
2018 is less than one half of the BCBS projected increase for 2018, all of the savings below that
amount shall be equally divided among all employees enrolled in the plan as of January 1, 2019.
Such payout will be into the regular payroll check.
2019: In the event that the rate of increase of the cost of prescription drug plan for
2019 is less than one half of the BCBS projected increase for 2019, all of the savings below that
amount shall be equally divided among all employees enrolled in the plan as of January 1, 2020.
Such payout will be into the regular payroll check.27
Section 16.11. Physicals.
A. All newly appointed Court employees shall be required to pass a pre-
employment physical prior to commencing employment.
B. Pre-employment physicals shall be conducted by the Medical Officer of the Bay
County Health Department and must be arranged for at a time convenient to the
Health Department.
C. If the Medical Officer determines that further examination is necessary he or she
will so direct.
D. All costs of this pre-employment physical will be borne by the County.
E. If, in the opinion of the Court, a physical is required to assure the Court that the
employee is able to continue in his or her present assignment, it may be so
directed; in which case, the County will bear the costs of said physical. If the
employee does not satisfactorily meet the physical requirements for his or her
position, the employee will be so notified and he or she may be reassigned.
Section 16.12. Other Health Benefits.
A. All employees under the terms of the agreement shall be offered the following:
1. Tuberculin tests.
2. Tetanus toxoid series or booster.
3. Influenza immunization.
4. Diphtheria series or booster.
5. Polio series or booster.
6. Cholesterol test.
7. Hepatitis B series or booster.
B. The above health benefits shall be available through the Bay County Health
Department and arrangements must be made by the employee at the
convenience of his/her department and the Health Department.
Section 16.13. Benefits prior to this Memorandum of Understanding required that a
mammography be covered one per calendar year, no age restrictions at 80% after deductible.
This section eliminates the deductible and percent co-pay requirements from screening
mammography services provided by PPO network providers.
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Section 16.14. Benefits prior to this Memorandum of Understanding did not cover adult
immunizations, only childhood immunizations up to the age of 16. This section adds Adult
immunizations approved by BCBS under this additional benefit rider as recommended by the
Advisory Committee on Immunization Practices and the American Academy of Pediatrics when
provided by participating provider.
Section 16.15. Benefits prior to this Memorandum of Understanding for preventive care
services were subject to a $250 maximum (cap) per member per calendar year. This section
eliminates the cap, so that all preventive services as dictated by the BCBS coverage become
covered at 100% up to the plan limits without a cap on the maximum dollars spent in this
category.
Section 16.16. Life Insurance. Employees will receive $20,000 in Employer-paid life
insurance, commencing after this contract is executed in 1997.
Effective the first of the month within sixty (60) days after the contract is executed by the
parties, the County will provide $40,000 Group Term Life Insurance coverage to each employee.
This coverage will be canceled when the employee leaves the County for any reason, including
retirement.
Effective the first of the month within sixty (60) days after the contract is executed by the
parties in 2010, the County will provide $10,000 Group Term Life Insurance coverage to each
employee who retires on or after the effective date of this agreement. This does not apply
retroactively to employees who retired before the effective date of this agreement.
Under no circumstances may an employee be eligible for both life insurance provisions at the
same time.
Section 16.17. Benefit and Copay. A copy of the benefit and copay structure for health
insurance is attached hereto (Appendix C).
ARTICLE XVII.VACATION
Section 17.1. Vacation Accrual and Use. Vacation leave shall be earned at the rate of
one (1) eight hour day per month of service. For the purpose of this section, a month of service
is completed when the employee has worked eleven (11) days in any one month. Vacation
shall accrue from date of employment but shall not be used until the following calendar year
thereafter. Vacation earned during any calendar year shall not be available to the employee
until January 1st of the year following.
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Section 17.2. Exception. The Judge may make an exception to the above procedure in
case of extenuating circumstances, however, no employee shall be allowed to use vacation
time not yet earned.
Section 17.3. Communication. The Court Administrator shall keep the employee
advised as to their accumulated vacation.
Section 17.4. Termination. In the event of termination, the employee will be paid for all
of his/her unused accumulated vacation at the then prevailing hourly pay rate, including the
current year.
Section 17.5. Merit Days. In addition to the one (1) day per month accrual of vacation,
one (1) merit vacation day shall be added for each consecutive year of service following the first
full year on the employee's anniversary date to a maximum of ten (10) merit days (i.e., after
completion of the eleventh consecutive year of service, the employee would accrue twelve (12)
days plus ten (10), merit days). For purposes of this section, anniversary date is defined as the
month and the day of an employee's current seniority date in the bargaining unit. Upon
termination of employment an employee shall be paid for merit days accrued to date of
termination with no pro-ration. [See attached Settlement Resolution, August 1998 (Merit
Days)].
Section 17.6. Holidays and Vacation. Recognized Holidays, as listed elsewhere in this
agreement, falling within a vacation period, shall not be counted as vacation time.
Section 17.7. Units. Vacation may be taken in any unit from one-half (IA) hour to the
maximum available for that year in one-half ( 1/2) hour increments.
Section 17.8. Accumulation. Employees may, at their option, accumulate vacation
periods up to and including thirty (30) days' vacation, provided that all employees must take at
least six (6) vacation days each and every calendar year; however, no employee shall take more
vacation leave than has been accumulated.
Section 17.9. Reimbursement. No employee shall lose any accrued vacation. Said
vacation over thirty (30) days shall be reimbursed by the Court in full as of the end of the year
and payable in the second pay period in February of each year.
Section 17.10. Scheduling. All vacation must be scheduled by the Employer with
consideration for the seniority and desires of the employee concerned, consistent with efficient
operation. The Employer will not be required to schedule more employees for vacation at any
one time or season than the operation of the department can accommodate.
30
Section 17.11. Leaves. No vacation will be earned by employees while on any unpaid
leave of absence.
ARTICLE XVIII.HOLIDAYS
Section 18.1. Holidays.
A. The following days are recognized as Holidays for pay purposes:
New Year's DayWashington's Birthday
Memorial Day
Labor DayVeteran's Day
Friday Following Thanksgiving
Christmas Day
Martin Luther King Day
Good Friday
Independence DayGeneral Election Day**
Thanksgiving Day
Christmas Eve
New Year's Eve Day
* * General Election Day shall be eliminated as a holiday if the full-time general
Steelworkers unit eliminates the same. If the General Election Day Holiday is
eliminated, an additional annual Y2 day (4 hours) personal leave time will be
provided to employees who have been employed by the Employer for at least
five (5) years.
B. Each full-time employee shall be paid for these holidays at his or her regular
straight time rate of pay, not including shift differential, on the following
eligibility requirements: he or she must have worked his or her last payrollworking day prior to the holiday, and his or her next scheduled working day after
the holiday.
C. Court employees, with the exception of professional staff, called in to work on a
holiday, shall be guaranteed a minimum of four hours at the regular straight
time rate of pay or be paid eight hours idle holiday pay and one and one-half
times their regular hourly rate for all hours worked. By mutual consent, an
employee, with the exception of professional staff, may take compensatory time
off at time and one-half in lieu of the aforementioned time and one-half pay forhours worked. However, such compensatory time must be used within the same
pay period.
D. Professional staff shall be compensated through an hour for hour compensatory
time policy for time worked on a holiday. The professional staff member must
31
work at least 30 minutes before being compensated for the full hour. If theprofessional staff member works more than one hour, he or she must work an
additional 30 minutes in that hour before being credited with the second hour.
The professional staff member must actually be required to leave their residence
and come into work before this type of compensation will be allowed.
E. Whenever one of the designated holidays falls on a Saturday, it shall be
celebrated on Friday; if the holiday falls on a Sunday, it shall be celebrated on
Monday. However, if the holiday falls on a Saturday and Friday is also a holiday,
Thursday and Friday shall be celebrated as holidays. If the holiday falling on
Sunday and Monday is also a holiday, Monday and Tuesday shall be celebrated
as holidays.
Section 18.2. Personal Holidays.
A. In addition to the above, each employee shall be entitled to three (3) personal
Holidays per year which may be used in any unit from one-half ( 1/2) hour
increments. For new or terminating employees, these personal Holidays shall be
pro-rated on the following basis:
1. One (1) Holiday for any time worked between January 1 and March 31;
2. One (1) Holiday for any time worked between April 1 and June 30; and
3. One (1) Holiday for any time worked after June 30.
Personal Holidays for terminating employees with eight (8) years or more of
credited seniority will be pro-rated.
B. Personal Holidays will be assigned on a lump sum basis and available to theemployee as of January 1st of each year or at time of hire. Any personal holidays
used by terminating employees in excess of the pro-rating procedure as outlined
in paragraph A above shall be deducted from the employee's final payroll check.
C. Personal Holidays shall be scheduled by the Employer with consideration for the
seniority and desires of the employee concerned, consistent with efficient
operation of the Court.
D. There shall be no reimbursement for unused personal holidays.
32
ARTICLE 1X. MISCELLANEOUS BENEFITS
Section 19.1. Mileage.
A. The Employer agrees to pay mileage to all Court employees who are required to
use their personal car for and while on Court business.
B. The mileage allowance shall be the Bay County rate and as adjusted from time to
time by the Board of Commissioners. This rate shall be effective on the date this
contract is signed in 1997 and apply to the employee's mileage incurred after
that date.
C. The Court may require proof of insurance for employees required to use their
personal car on Court business.
Section 19.2. The Court shall provide for payroll deduction for the purchase of U.S.
Savings Bonds and shall provide the necessary forms.
Section 19.3. County/Court Policy.
A. The County's travel policies are hereby made a part of this agreement by
reference as amended.
B. If any terms contained in these policies differ from terms contained in this
contract, this contract shall supersede.
Section 19.4. Printing of Contracts. The Court agrees to supply each member of the
bargaining unit with one copy of the Local 15157-12 United Steelworkers of America contract
within sixty (60) days after the signing of this agreement.
Section 19.5. The Court shall notify the Union of any proposed changes in any benefits
presently contracted by the Union. Such changes, when controllable by the Court, shall require
the mutual consent of the parties before taking effect for employees covered by this
agreement.
33
ARTICLE XX. SEVERABILITY
Section 20.
A. Should any part of this agreement be rendered or declared illegal or invalid by
legislation, decree of a court of competent jurisdiction, National Labor Relations
Board or other established or to be established governmental administrative
tribunal, such invalidation shall not affect the remaining portion of this
agreement.
B. If any section of this agreement is invalidated as above defined, the parties may,by mutual consent, renegotiate those sections to bring them into conformity
with the aforementioned ruling.
ARTICLE XXI. PROBATE COURT EMPLOYEE SENIORITY LIST
Employee Classification Pay Grade Seniority Date
Lynn Szczypka Berger Intake Officer PUO7 11/30/1995
Katherine A. Hugo Probation Officer PUO6 08/26/1998
Jeffrey Strohpaul Day Treatment Case PUO6 08/30/1998
Manager
Richard M. Rasmer Probation Officer PUO6 09/01/1998
Lana Kalinowski Gender Services PUO6 12/24/1998
Coordinator
Cynthia Hanson Probation Officer PUO6 03/21/2000
Guardian
Nancy Baczkiewicz Probate Register TP08 01/17/2003
Allen Nelson Community Services PUO5 07/07/2003
Worker
34
Kara Rohn Family Counselor PUO6 02/03/2004
Sarah Super Gender Services Program TP07 12/12/2007
Assistant
Kristin LaRoche Drug Court Case Manager PUO6 07/26/2010
Christopher Foret Day Treatment Program TP07 11/22/2010
Assistant
Christina Rivera Deputy Register TP07 09/16/2013
Pamela Lynch Juvenile Court Register TP08 02/16/2014
Sue Jane Deputy Register TP07 05/09/2016
Section 21.1. Each new employee and employees advancing in classification and grade
covered by this agreement shall initially be paid at the hire-in rate applicable to their
classification. Upon completion of the six month probationary period, he/she shall
automatically advance to the six month level of his/her pay grade. Further advancements
within the employee's pay grade are based upon merit and are not automatic. At least once
annually, each employee's work performance will be evaluated by his or her immediate
supervisor for the purpose of advancement on pay grade and planning for the future
development of each position. The evaluation will be conducted with input from each
employee and a written plan along with recommendations for any pay change and job
redevelopment will be completed for each employee. These evaluations shall be conducted at
a time which will allow budget planning.
Section 21.2. Employees who have reached the maximum pay rate shall continue to be
evaluated on a yearly basis for job performance and redevelopment of position, This
evaluation will also provide the Court with information necessary for position reclassifications
and employee advancement into other Court positions.
Section 21.3. Employer will provide seniority list to the unit chairperson once per year.
35
ARTICLE XXII.SUPPLEMENTAL EMPLOYMENT
Supplemental employment must in no way conflict with the employee's hours of employment,
or in quantity or interest conflict in any way with satisfactory and impartial performance of
his/her duties, as determined within the sole discretion of the Employer.
ARTICLE XXIII.WAIVER
The parties acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to
any subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life
of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the
other shall not be obligated, to bargain collectively with respect to any subject or matter not
referred to or not covered in this Agreement.
36
ce Presider'
Signed this day of , 2017.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly
authorized representatives as of the date and year first above written.
PROBATE • URT UNITED STEELWORKERS,
Bay CountAFL-C10•CLC
MiTra./ Leo W. Gerard, International President
Stanley W. Johnson, Intl Secretary-Treasurer
Thomas Conway, International, Administration
Fred Redmond, International VP, Human Affairs
Michael Bolton, Director, District 2
Bryan Fisher, USW Staff Representative
LOCAL UNION #15157-12
d4k4a5g az,444j/LVWanda m a r, Local President
37
PROFESSIONAL CLASSIFICATIONS — PROBATE COURTSCHEDULE OF IN-RANGE SALARY PROGRESSION
BIWEEKLY AND ANNUALLY(Effective December 26, 2016 — December 31, 2019)
5% / 0% / 0%
SalaryGrade
Hire Rate 6 Months 1 Year 2 Years 3 Years
PU01 $1,028.00 $1,061.60 $1,093.60 $1,126.40 $1,159.20
$26,728.00 $27,601.60 $28,433.60 $29,286.40 $30,139.20
PUO2 $1,141.60 $1,180.80 $1,220.80 $1,256.00 $1,295.20
$29,681.60 $30,700.80 $31,740.80 $32,656.00 $33,675.20
PUO3 $1,268.80 $1,314.40 $1,357.60 $1,404.80 $1,450.40
$32,988.80 $34,174.40 $35,297.60 $36,524.80 $37,710.40
PUO4 $1,404.80 $1,453.60 $1,512.00 $1,566.40 $1,618.40
$36,524.80 $37,793.60 $39,312.00 $40,726.40 $42,078.40
PUO5 $1,554.40 $1,617.60 $1,683.20 $1,747.20 $1,812.00
$40,414.40 $42,057.60 $43,763.20 $45,427.20 $47,112.00
PUO6 $1,728.80 $1,800.00 $1,881.60 $1,949.60 $2,023.20
$44,948.80 $46,800.00 $48,921.60 $50,689.60 $52,603.20
PUO7 $1,915.20 $2,000.00 $2,092.00 $2,174.40 $2,265.60
$49,795.20 $52,000.00 $54,392.00 $56,534.40 $58,905.60
PUO8 $2,122.40 $2,223.20 $2,324.00 $2,428.80 $2,532.00
$55,182.40 $57,803.20 $60,424.00 $63,148.80 $65,832.00
PUO9 $2,348.80 $2,472.00 $2,592.80 $2,711.20 $2,828.00
$61,068.80 $64,272.00 $67,412.80 $70,491.20 $73,528.00
PU10 $2,610.40 $2,748.80 $2,886.40 $3,024.00 $3,169.60
$67,870.40 $71,468.80 $75,046.40 $78,624.00 $82,409.60
Pull $2,894.40 $3,052.00 $3,214.40 $3,378.40 $3,539.20
$75,254.40 $79,352.00 $83,574.40 $87,838.40 $92,019.20
38
TECHNICAL, OFFICE, PARAPROFESSIONAL AND SERVICE CLASSIFICATIONS - PROBATE COURTSCHEDULE OF IN-RANGE SALARY PROGRESSION
HOURLY, BIWEEKLY AND ANNUALLY(Effective December 26, 2016 - December 31, 2019)
5% 0% 0%SalaryGrade
Hire Rate 6 Months 1 Year 2 Years
TP01 $8.90 $9.00 . $9.48 $10.00
$712.00 $720.00 $758.40 $800.00
$18,512.00 $18,720.00 $19,718.40 $20,800.00
TP02 $9.17 $9.73 $10.36 $10.92
$733.60 $778.40 $828.80 $873.60$19,073.60 $20,238.40 $21.548.80 $22,713.60
TP03 $10.14 $10.84 $11.50 $12.20$811.20 $867.20 $920.00 $976.00
$21,091.20 $22,547.20 $23,920.00 $25,376.00
TPO4 $11.16 $11.96 $12.81 $13.65
$892.80 $956.80 $1,024.80 $1,092.00$23,212.80 $24,876.80 $26,644.80 $28,392.00
TP05 $12.41 $13.35 $14.27 $15.14$992.80 $1,068.00 $1,141.60 $1,211.20
$25,812.80 $27,768.00 $29,681.60 $31,491.20
TP06 $13.65 $14.61 $15.63 $16.63
$1,092.00 $1,168.80 $1,250.40 $1,330.40
$28,392.00 $ 30,388.80 $32,510.40 $34,590.40
TP07 $15.28 $16.43 $17.56 $18.64$1,222.40 $1,314.40 $1,404.80 $1,491.20
$31,782.40 $34,174.40 $36,524.80 $38,771.20
TP08 $17.07 $18.38 $19.66 $20.92$1,365.60 $1,470.40 $1,572.80 $1,673.60
$35,505.60 $38,230.40 $48,892.80 $43,513.60
TP09 $19.18 $20.54 $22.07 $23.43
$1,534.40 $1,643.20 $1,765.60 $1,874.40
$39,894.40 $42,723.20 $45,905.60 $48,734.40
Rate of pay for all positions will comply with State of Michigan Minimum Wage Law, currently:
January 1, 2017 - $8.90/hour
January 1, 2018 - $9.25/hour
39
Bargaining Unit
Employer
APPENDIX A
DEFINITIONS
All members of Local Union 15157, United Steelworkers, ProbateCourt Unit.
A member of the Union Bargaining or Grievance Committee.
Time off in lieu of payment for work outside the regular schedule.
Bay County, Michigan, represented by the Bay County Board of
Bay County Probate Court, Bay County, Michigan, represented byProbate Court Judge or his/her designated representative.
An employee of Bay County Probate Court represented by theUnited Steelworkers, Local 15157, under this agreement as listedin Recognition Article 11.
Bay County Probate Court and Bay County Board ofCommissioners, under this agreement as listed in preamble onterm of agreement Article I.
Committee Person
Compensatory Time
CountyCommissioners.
Court
Employee
Full-time Personnel An employee of Bay County Probate Court who works 80 hoursper bi-weekly pay period on a regular basis.
Lay-Off A reduction in the work force.
Lockout
Parties
Part-time Employee
Reclassification
Closing down the operation of the Court or any department of theCourt as a form of economic pressure upon employees to enforceacceptance of Employer's terms.
Probate Court, Board of Commissioners and Local 15157, UnitedSteelworkers Probate Court Unit.
Those employees who work less than 40 hours in a bi-weekly payperiod on a regular basis.
Approved change in the classification of an employee placing theemployee under a new or revised job description.
40
Substitute Employee
Transfers
Union
Union President
Unit Committee
Unit Representative
He/She or His/Her
An employee hired on a temporary basis to fill a vacancy createdby a regular employee who, under terms of this agreement, is ona leave of absence. Substitute employees will not accrue anyseniority or benefits and will be replaced by the employeereturning from leave. Dismissal or discipline of a substituteemployee will not be subject to the grievance procedure of thiscontract.
The assignment of an employee to a different classification or adepartment.
United Steelworkers, AF of L-C10-CLC (also U.S.W.).
Duly elected president of Local Union 15157, United Steelworkers.
Representatives who are appointed or elected to carry out unionduties such as bargaining and grievance matters.
A representative of Local Union 15157, United Steelworkers,appointed or elected to carry out union duties and adjustgrievances.
Whenever used will refer to either or both gender.
Appendix A - Page 2 of 2
41
APPENDIX B
PROBATE COURT GENERAL WORK RULES
PURPOSE: The orderly and efficient operation of the Probate Court requires that certain workrules be established. Work rules covering personal standards of conduct as well as standardoperating procedures are necessary to protect the health and safety of all employees, maintainuninterrupted service and to protect the Court/County goodwill and property.
WORK RULES: The following work rules shall be applicable to all Court employees. These rulesare not intended to be all inclusive and the Court shall, when it deems appropriate, establishadditional rules to insure the effective operations of the Court.
• Employees shall deal with the public in a courteous and professional manner.
• Employees shall not gather on County/Court premises to conduct any personal businesswithout authorization.
• Employees shall follow all safety regulations to include the wearing of safety articles andthe using of protective equipment. Employees shall immediately report accidents or injury totheir supervisor.
• Employees shall be responsible for and shall not misuse Court/County property records,or other materials in their care, custody, and control. Court/County property, records, or othermaterials shall not be removed from the premises without written permission.
• Employees shall avoid littering work areas.
• Employees must be at their designated work area on time and ready to work.Employees shall remain at their work area, at work, until the scheduled quitting time unlesspermission to leave is granted by their supervisor.
• An employee shall immediately report to his or her supervisor his or her inability toreport to work and the reason therefor.
• Employees shall immediately report the loss of their badge or identification card to theirsupervisor. Employees shall not allow other persons to use their badge or identification card atany time.
• Employees shall not park in prohibited areas.
• Employees shall notify their supervisor whenever there is a change in their personaldata.
Appendix B - Page 1 of 2
42
• Employees shall not restrict or interrupt work or interfere with the work of others.
• Employees shall report for and remain at work only in a fit physical condition.
• Employees shall not neglect their duties and responsibilities or refuse to performassigned work.
• Employees shall not engage in immoral conduct, fight, engage in horseplay, gamble, oruse abusive language while on duty or on County/Court premises.
• Employees shall not use County/Court telephone for personal calls or conduct personalbusiness during working hours on County/Court premises.
• Employees shall not engage in unapproved soliciting, partisan political activity, use theirposition for personal gain, or use their position to coerce others,
• Employees shall not post notices on the County/Court premises without prior writtenapproval from the appropriate authority.
• Employees shall not possess unauthorized firearms, weapons, drugs, or intoxicatingbeverages on the County/Court premises.
• Employees shall not falsify records, reports, or claims of illness or injury.
• Employees shall not punch or sign another employee's time card or work sheet.
• Employees shall not engage in activities during non-working hours that are harmful tothe County/Court service or which inhibit their effectiveness on the job.
Appendix B - Page 2 of 2
43
APPENDIX C
Bay County
c-) Blue Cross
CUat. Blue Shield
of Mcvaan
Member's responsibility (deductibles, copays, and dollar maximums]network provider in a geographic area of Michigan deemed a "low accessarea'level. if you recieve care from a nonparticipating provider, even whenprovider's charge.
Community Blue" PPO
Enhanced •
In•NetworkNote: Services from a provider for which there is no PPO network and services from a non-
by BCBSM for that particular provider specialty are covered at the in-network benefitreferred, you may be billed for the difference between our approved amount and the
Deductibles $500 per member, $1000 family per calendar year
Note : Deductible waived if service is performed in a PPO physician 's olfice.
Copays
$30 for office visits and $100 for emergency room visits• Fixed dollar copays
• Percent copays 20%for general services, waived iF service is performed in a PPO physician's office, and 50% forprivate duty nursing
Annual copaydollar maximums
None• Fixed dollar copays
• Percent Copays $500 per member, $1,000 family per calendar year
Maximum OOP
Preventive Services
Health Maintenance Exam — includes chest X-ray, EKG and select
lab procedures
$6,350/$12,700
!!
• 6visits, birth through 12 months
• 6 visits, 13 months through 23 months
• 6 visits, 24 months through 35 months
• 2 visits, 36 months through 47 months
• Visits beyond 47 months are limited to one per member per calendar year under the healthmaintenance exam benefit
Adult and Childhood Immunizations Covered — 1005 {no deductible or copay}
Fecal Occult Blood Screening Covered — 100% {no deductible or ropey}, one per calendar year
Flexible Sigmoidoscopy Exam Covered — 100%{no deductible or copay}, one per calendar year
Prostate Specific Antigen (PSA} Screening Covered — 100%(no deductible or copay}, one per calendar yearMammography Screening - one per member per calendar year Covered — 100%(no deductible or copay}
Note: Subsequent medically necessary mammograms performed during the same calendar year are subject to your deductible and percent copay.
Routine Colonoscopy I Covered 100 5{no deductible or copay} far the first billed colonoscopyNote: Subsequent colonoscopies performed during the same calendar year are subject to your deductible and percent copay.
Physician Office Services
Urgent Care Visits Covered —$30 copay
Emergency Medicaitare-I r7,rDiagnostic Services
Laboratory and Pathology Tests Covered —80% after in-network deductible
Diagnostic Tests and X-rays Covered —80% after in-network deductible
Therapeutic Radiology Covered —80% after in-network deductible
Page 1 of 2
Maternity Services Provided by a Physician
Pre-Natal and Post-Natal Care Covered —100%(no deductible or copay)
Delivery and Nursery Care
Hospital Care
Semiprivate room, impatient physician care, general nursing care,
hospital services, and supplies. Note: Nonemergency services must
be rendered in a .artici.atin: hospital.
Covered —80% after in-network deductible
Covered —80% after in-network deductible
Inpatient Consultations Covered --80% after in-network deductible
Chemotherapy
Alternatives to Hospital Care
Skilled Nursing Care- must be in a participating skilled nursing
facility
Covered — 80% after in-network deductible
Covered —20% after in-network deductible
Hospice Care Covered—l00%
Home Health Care - must be medically necessary
Surgical Services
Surgery - includes related surgical services
Covered —80% after in-network deductible
Covered — 80% after in-network deductible
Voluntary sterilization
Human Organ Transplants
Specified Human Organ Transplants - in designated facilities only,
when coordinated through the BCBSM Human Organ Transplant
Covered — 80% after in-network deductible
Covered —100%(no deductible or copay)
Bone Marrow Transplants -when coordinated through the BCBSM
Human Organ Transplant Program (800-242-3504)
Covered —80% after in-network deductible
Kidney, Cornea, and Skin Transplants
Mental Health Care and Substance Abuse Treatment
Note: If your employer has 51 or more employees (Including seasonal
treatment are subject to the following copays. Mental health and substance
See "Annual copay dollar maximums" section for this amount. If you
your employer and/or union to
Covered — 80% after In-network deductible
and part-time) and is subject to the MHP law, covered mental health care and substance abuse
abuse copays are included In the annual copay dollar maximums for all covered services.
receive your health care benefits through a collectively bargained agreement, please contact
determine when or if this benefit level applies to your plan.
Inpatient Mental Health Care and Substance Abuse Care Covered —80%after in-network deductible
Outpatient Mental Health Care Facility and Clinic:
Covered —80% after deductible
Physician's Office:
Covered —$30 Copay, or 80% after In-network deductible
Outpatient Substance Abuse Care- in approved facilities Covered — $3o Copay, or 80% after in-network deductible
*'Effective 1/1/2011, mental health and substance abuse procedures
will be treated and processed like
Other covered services
Al lergy Testing and Therapy
that are the equivalent of an office visit (consultative services rendered in the physician's office)en office visit, subject to the fixed dollar office visit copay.
Covered-100% (no deductible or copay)
Chiropractic Spinal Manipulation $30 Copay
Outpatient Physical, Speech and Occupational Therapy Facility and Clinic:
Covered — 80% after In-network deductible
Physician's Office (excludes speech and occupational therapy):
Covered — 80% after in-network deductible
Durable Medical Equipment Covered — 80% after in-network deductible
Prosthetic and Orthotic Appliances Covered —80%after in-network deductible
Private Duty Nursing
Deductibles
Covered — 50% after deductible
Ott-of-Network$1000 per member, $2000 family per calendar year
Note: Out-of-network deductible amounts also apply toward the in-network deductible.
Copays
$100 for emergency room visits• Fixed dollar copays
• Percent copays 30% for general services and 50% for mental health care, substance abuse treatment and private
duty nursing
Note: Services without a network are covered at the in-network Ievel.
Copays
• Fixed dollar copays None
• Percent copays - excludes mental health care, substance abuse
care, and private duty nursing copays
$3000 per member, $6000 family per calendar year
Note: Out-of-network copays also apply toward the in-network maximum.
Page 2 of 2
c—) M.* CrossBiue Shieldo' IV. ciagarr
1 A e:77,P, ccrisxstion as irski.ar&r.tliceri,e arise We: Cross 1,1 tt a SkleJ
Traditional Plus Dental CoverageBenefits-at-a-Glance Bay CountyPlan 3 Suffix 660
Class I Services
Oral Exams Covered -- 100%, twice per calendar yearBitewing X-rays Covered — 100%, twice per calendar yearFull-mouth and Panoramic X-rays Covered 7 100%, once every 60 monthsProphylaxis (Teeth Cleaning) Covered — 100%, twice per calendar yearFluoride Treatment Covered — 100%, twice per calendar yearSpace Maintainers Covered — 100%, once per quadrant per lifetime, up to age 19
Class II Services
Fillings - permanent teeth Covered — 50%, once every 24 months
Covered — 50%, once every 12 monthsFillings - primary teethInlays, Onlays, Crowns and Gold Fillings — permanent teeth Covered — 50%, once every 60 months, payable for members age 12 and
older1- filLifLys, Onlays, Crowns and Bridges Covered — 50%, three per calendar yearRoot Canal Therapy Covered — 50%, once every 12 months for teeth with one or more canalsPeriodontal Scaling and Planning Covered — 50%, once every 24 monthsOcclusal Adjustment Covered — 50%, up to live times a 60-month periodPeriodontic Appliances or Biteguards Covered — 50%, once every 12 monthsGeneral Anesthesia or IV Sedation Covered — 50%, when medically necessary and performed with oral or
dental surgeryOral Surgery including extractions Covered — 50%Relininl or Rebasi n _ of Partials or Dentures Covered — 50%, once eve 36 months er archTissue Conditioning Covered — 50%, once every 36 months per archRepairs to Existing Partials or Dentures Covered — 50%, up to one-half the approved amount for a new denture in
any 12-month periodPalliative Emergency Treatment Covered — 50%
Class III Services
Removable Dentures and Partials Covered — 50%, once every 60 monthsFixed Bridges Covered — 50%, once every 60 months, payable for members age 16 and
older
Class IV Services — Orthodontic services for dependents under age 19
Habit Breaking Appliances Covered — 50%Minor Tooth Guidance Appliances Covered — 50%Full-Banding Treatment Covered — 50%Monthly, Active Treatment Visits Covered — 50%
Copays and Dollar MaximumsCopays 50% for class II services and 50% for class III and IV servicesDollar Maximums• Annual Maximum• Lifetime Maximum
51,000 per member for covered class 1,11 and III services51,000 per member for covered class IV services
Note: For non-urgent, complex or expensive dental treatment such as crowns, bridges or dentures, members should encourage their dentistto submit the claim to Blue Cross for predetermination before treatment begins. If you receive care from a nonparticipating dentist, you maybe billed for the difference between our approved amount and the dentist's charge.
This is intended as an easy-to-read stunmary. It is not a contract. Additional limitations and exclusions may apply to covered senices. For an official description of benefits, pleasesee the applicable Blue Cross Blue Shield of Michigan certificate and riders. Payment amounts are based on the Blue Cross Blue Shield of Ntichigan approved amount, less anyapplicable deductible and/or copay amounts required by the plan. This coverage is provided pursuant to a contract entered into in the state of Michigan and shall be construed underthe jurisdiction and according to the laws of the state of Michigan.
Traditional Plus Plan 3, MAY 02
Blue Vision SM
Benefits-at-a-Glance1-1-2014
This is intended as an easy-to-read summary and provides only a general overview of your benefits. It is not a contract. Additional limitations andexclusions may apply. Payment amounts are based on BCBSM's approved amount, less any applicable deductible and/or copay. For a completedescription of benefits please see the applicable BCBSM certificates and riders, if your group is underwritten or any other plan documents yourgroup uses, if your group is self-funded. If there is a discrepancy between this Benefits-at-a-Glance and any applicable plan document, the plandocument will control.
Blue Vision benefits are provided by Vision Service Pian (VSP), the largest provider of vision care in the nation. VSP is an independent companyproviding vision benefit services for Blues members. To find a VSP doctor, call 1 -800.877 -7195 or log on to the VSP Web site at vsp.com .
Note: Members may choose between prescription glasses (lenses and frame) or contact lenses, but not both.
VSP network doctor Non-VSP provider
Member's responsibility (copays)
Eye exam $5 copay $5 copay applies to charge
Prescription glasses (lenses and/or frames) A combined $10 copay Member responsible for difference betweenapproved amount and providers charge,less $10 copay
Medically necessary contact lenses $10 copay Member responsible for difference betweenapproved amount and provider's charge,less $10 copay
Eye exam
Complete eye exam by an ophthalmologist oroptometrist. The exam includes refraction,glaucoma testing and other tests necessary todetermine the overall visual health of the patient.
$5 ropey-- RoimiliiromprIt tip to $35 less copay(member responsible for any difference)
One eye exam in any period of 12 consecutive months
Lenses and frames
Standard lenses (must not exceed 60 mm indiameter) prescribed and dispensed by anophthalmologist or optometrist. Lenses may bemolded or ground, glass or plastic. Also coversprism, slab-off prism and special base curvelenses when medically necessary.Note: Discounts on additional prescriptionglasses and savings on lens extras whenobtained from a VSP doctor.
$10 copay (one copay applies to bothlenses and frames)
Reimbursement up to approved amountbased on lens type less $10 copay(member responsible for any difference)
One pair of tenses, with or without frames in any period of 12 consecutive months
Standard framesNote: All VSP network doctor locations arerequired to stock at least 100 different frameswithin the frame allowance.
$130 allowance that is applied towardframes (member responsible for any costexceeding the allowance) less $10 copay
Reimbursement up to $45 less $10 copay(member responsible for any difference)
(one copay applies to both frames andlenses)
One frame in any period of 12 consecutive months
Contact lenses
Medically necessary contact lenses (requiresprior authorization approval from VSP andmust meet criteria of medically necessary)
$10 copay
One pair of contact lenses in any
Reimbursement up to $210 less $10 copay(member responsible for any difference)
period of 12 consecutive months
Elective contact lenses that improve vision(prescribed, but do not meet criteria of medicallynecessary)
$130 allowance that is applied towardcontact lens exam (fitting and materials)and the contact lenses (member
$105 allowance that is applied towardcontact lens exam (fitting and materials)and the contact lenses (member responsible for any cost exceeding theallowance)
period of 12 consecutive months
responsible for any cost exceeding theallowance)
One pair of contact lenses in any
Blue Cross Blue Shield of Michigan is a nonprofit corporation and independent licensee of the Blue Cross and Blue Shield Association.
Blue Vision 12/12/12, JUN 2012
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